High Court of Gujarat

TATA AIG GENERAL INSURANCE CO. LTD.versusGIRVATSINH NATHUBHAI PARMAR

Disposal: 53-ALLOWED / GRANTED @ ADM.STAGE
Bench: C DOSHI

Holding

The appeal cannot be dismissed on the ground of smallness of amount; the earlier dismissal order is recalled and the appeal is restored.

Summary

The High Court of Gujarat entertained an application for restoration of First Appeal No. 3822 of 2024 filed by Tata AIG General Insurance Co. Ltd. The appeal challenged a judgment in MACP No. 416 of 2019 that ordered the insurer to pay Rs.13,04,480 with 9% interest. An earlier order dated 22‑11‑2024 had dismissed the appeal on the ground of smallness of the amount involved, which the court later identified as a typographical error. Upon review, the court held that the amount was not trivial and the appeal could not be dismissed on that basis. Consequently, the erroneous dismissal order was recalled and the first appeal was restored to its original proceedings. The present application for restoration was disposed of, and the registry was directed to record the name of advocate Mr. Nishit Bhalodi in the cause title of the first appeal.

Issues considered

Whether an appeal involving a claim of Rs.13,04,480 can be dismissed on the ground of smallness of amount
Whether the order dismissing the appeal on that ground was valid

Subjects

restoration of appealsmallness of amountcivil procedureappellate jurisdictioninsurance claiminterest

Judgment

       C/MCA/1151/2026                                                             ORDER DATED: 09/07/2026




                IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

  R/MISC. CIVIL APPLICATION (FOR RESTORATION) NO. 1151 of 2026

                                   In R/FIRST APPEAL/3822/2024
==========================================================
                        TATA AIG GENERAL INSURANCE CO. LTD.
                                       Versus
                        GIRVATSINH NATHUBHAI PARMAR & ORS.
==========================================================
Appearance:
MS KIRTI S PATHAK(9966) for the Applicant(s) No. 1
==========================================================
  CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI

                                              Date : 09/07/2026

                                                      ORDER
                    Due to inadvertent typing mistake, by order dated
22.11.2024 First Appeal No.3822 of 2024 is dismissed on the
ground of smallness of amount involved in appeal.
                    In the First appeal, challenge is made to the
judgment and order passed in MACP No.416 of 2019, whereby,
the original appellant is fasten liability to pay Rs.13,04,480/-
with 9% interest from the date of petition till realization with
proportionate cost jointly and severally.
                    Considering the amount involved in first appeal, the
appeal cannot be dismissed on the ground of smallness of
amount involved in appeal. Therefore, order dated 22.11.2024 is
hereby recalled and First Appeal No.3822 of 2024 is restored to
its original proceedings. Accordingly, present application is
disposed of. Registry to maintain name of learned advocate
Mr.Nishit Bhalodi in the cause title of First Appeal.



                                                                                            (J. C. DOSHI,J)
SATISH



Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: SATISH CHANDRAMOHAN VEMULLA(HC00206), Principal Pvt Secretary, at High Court of Gujarat on 09/07/2026 16:32:45



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